U.S. Bank National Ass'n v. Pinkney

NEWBY, Justice.

Foreclosure by action or “judicial foreclosure,” unlike non-judicial foreclosure by power of sale, is an ordinary civil action governed by the liberal standard of notice pleading. As such, a complaint is sufficient if it alleges a debt secured by a deed of trust, a default, and the plaintiff’s right to enforce the deed of trust. Here plaintiff’s complaint adequately states a cause of action for judicial foreclosure. The Court of Appeals erred by applying the requirements applicable in non-judicial foreclosure by power of sale to the plaintiff’s judicial foreclosure action and,…